Act, 8 February 1694, Edinburgh

Act, 27 December 1694, Edinburgh

Edinburgh the Eight day of February Jaj vjc nyntie four years

D1694/2/101

Act

Act anent the new Levies in Forfar Shyre.

Anent a Petition given in to the Lords of ther Majesties privy Councill be the Earles of Southesk and Northesk The Lairds of Priory Boniemoon Phinhaven Melgu, and the other heritors of the shyre of Angus Shewing That quher by the seventh act of the last sessione of their majesties Current parliament The Levie of the men then Imposed upon the respective shyres, Is appointed to be conforme to the rules prescribed be the act of parliament Jaj vjc sixtie thrie which did Impose the Militia, And the Commissioners of the Supplie of the said shyre of Angus haveing mett for proportioning the said shyre, ther quota of the said Levie, They by their act of sederunt at Forfar dated the sixteinday of January last did appoint the burgh and Landward part of the forsaid shyre to put out their respective proportiones Conforme to the former rules of the militia But the major part of the forsaid meetting Consisting of the representatives of the burghs they hade no regaird in the application of the forsaid act, either to the act of parliament or to the appointment of the Commissioners, In alse much as the full number of the militia Conforme to the rolls Subscryved in october Jaj vjc Eightie Eight amounts to one thousand foot of which number the burghs of Dundie, Montross, Brichen, Arbroth and Forfar doe bear ane proportion of Two Hundred and Seventie seven and the rest of the shire seven Hundred and twentie thrie; So that it is evident that the proportion of the Levie for the wholl shyre the burghs includit, and which is likewayes clear by the acts of parliament does amount to ane Hundred and fourtie nyne in all and of quhich Conforme to the forsaid subscribved list the burghes ought to send out fourtie one men and the shyre ane Hundred and Eight, And yet according to the Cast and proportion made be the Commissioners the forsaids tounes are only appointed to send out thretie five, and the shire is ordained to send out ane hundreth and fourtein, so that the burghs are cased of six men and the remanent part of the shire is burdeined therwith most unjustly all which appears to have been the mistake of the Clerk and those who were appointed to make the Cast. As also the forsaid Commissioners proceeded most unwarrantably in Imposeing of fourtie pund to be payed with each man, And lastly they acted unequally in ordering severall of these who hade smallest valuationes to be leaders and did ease themselves of the burdein And Seing this preprative may be of dangerous Consequence to the Shyre In Respect that if this error be not rectified the militia and subsequent Levies may be proportioned Conforme to the forsaid order And alse seing the saids Lords are yet to Emitt a proclamatione giveing instructiones to the respective shyres for proportioneing the Levies And Therfor Humbly Craveing the saids Lords would take the premises to their Consideratione and in respect that it is instantly instructed by the subscryved rolls and acts of sederunt of the Commissioners therwith produced That the petitioners have received prejudice in maner forsaid Therfore to ordaine the Commisioners of Supply to meet de novo and to appoint them to make the Cast Conforme to the said rolls subscribed in anno Jaj vjc Eightie Eight Seing otherwayes the debates betwixt the shyres and burghs may Occasione Confussione and therby hinder ther majesties service and alsoe to prohibit the forsaid Impositione of fourtie pund to be payed with each man And to ordaine the leaders to be appointed with regaird to the respective heritors their valuationes as Is the practise of the other shyres of the kingdome as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Earles of Southesk and Northesk The saids Lairds of Powrie Balmoonie Phinhaven Melgum and other heritors of the shyre of Angus with the acts of sederunt of the Commissioners and the subscryved rolls mentioned in and produced with the said petitione They heirby Remitt and appoints the Commissioners of supplie within the said Shyre of Angus To meet proceed and make out that shyres proportion of the new Levies appointed by the late act of parliament as they shall find Just Conforme to the acts of parliament and proclamatione and orders of Councill as they will be answerable at ther highest perrill.

Edinburgh the Eight day of February Jaj vjc nyntie four years

D1694/2/101

Act

Act anent the new Levies in Forfar Shyre.

Anent a Petition given in to the Lords of ther Majesties privy Councill be the Earles of Southesk and Northesk The Lairds of Priory Boniemoon Phinhaven Melgu, and the other heritors of the shyre of Angus Shewing That quher by the seventh act of the last sessione of their majesties Current parliament The Levie of the men then Imposed upon the respective shyres, Is appointed to be conforme to the rules prescribed be the act of parliament Jaj vjc sixtie thrie which did Impose the Militia, And the Commissioners of the Supplie of the said shyre of Angus haveing mett for proportioning the said shyre, ther quota of the said Levie, They by their act of sederunt at Forfar dated the sixteinday of January last did appoint the burgh and Landward part of the forsaid shyre to put out their respective proportiones Conforme to the former rules of the militia But the major part of the forsaid meetting Consisting of the representatives of the burghs they hade no regaird in the application of the forsaid act, either to the act of parliament or to the appointment of the Commissioners, In alse much as the full number of the militia Conforme to the rolls Subscryved in october Jaj vjc Eightie Eight amounts to one thousand foot of which number the burghs of Dundie, Montross, Brichen, Arbroth and Forfar doe bear ane proportion of Two Hundred and Seventie seven and the rest of the shire seven Hundred and twentie thrie; So that it is evident that the proportion of the Levie for the wholl shyre the burghs includit, and which is likewayes clear by the acts of parliament does amount to ane Hundred and fourtie nyne in all and of quhich Conforme to the forsaid subscribved list the burghes ought to send out fourtie one men and the shyre ane Hundred and Eight, And yet according to the Cast and proportion made be the Commissioners the forsaids tounes are only appointed to send out thretie five, and the shire is ordained to send out ane hundreth and fourtein, so that the burghs are cased of six men and the remanent part of the shire is burdeined therwith most unjustly all which appears to have been the mistake of the Clerk and those who were appointed to make the Cast. As also the forsaid Commissioners proceeded most unwarrantably in Imposeing of fourtie pund to be payed with each man, And lastly they acted unequally in ordering severall of these who hade smallest valuationes to be leaders and did ease themselves of the burdein And Seing this preprative may be of dangerous Consequence to the Shyre In Respect that if this error be not rectified the militia and subsequent Levies may be proportioned Conforme to the forsaid order And alse seing the saids Lords are yet to Emitt a proclamatione giveing instructiones to the respective shyres for proportioneing the Levies And Therfor Humbly Craveing the saids Lords would take the premises to their Consideratione and in respect that it is instantly instructed by the subscryved rolls and acts of sederunt of the Commissioners therwith produced That the petitioners have received prejudice in maner forsaid Therfore to ordaine the Commisioners of Supply to meet de novo and to appoint them to make the Cast Conforme to the said rolls subscribed in anno Jaj vjc Eightie Eight Seing otherwayes the debates betwixt the shyres and burghs may Occasione Confussione and therby hinder ther majesties service and alsoe to prohibit the forsaid Impositione of fourtie pund to be payed with each man And to ordaine the leaders to be appointed with regaird to the respective heritors their valuationes as Is the practise of the other shyres of the kingdome as the petitione bears The Lords of their majesties privy Councill haveing Considered this petitione given in to them be the above Earles of Southesk and Northesk The saids Lairds of Powrie Balmoonie Phinhaven Melgum and other heritors of the shyre of Angus with the acts of sederunt of the Commissioners and the subscryved rolls mentioned in and produced with the said petitione They heirby Remitt and appoints the Commissioners of supplie within the said Shyre of Angus To meet proceed and make out that shyres proportion of the new Levies appointed by the late act of parliament as they shall find Just Conforme to the acts of parliament and proclamatione and orders of Councill as they will be answerable at ther highest perrill.

1. NRS, PC2/24, 331v-332v.

1. NRS, PC2/24, 331v-332v.